Madhya Pradesh Court January 1967 Judgments
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Lal Ragho Shah Vs. State of Madhya Pradesh Through the Secy. Forest De ...
Court: Madhya Pradesh
Decided on: Jan-06-1967
Reported in: AIR1967MP218
Dixit, C.J. 1. This order will also govern the disposal of Miscellaneous Petition No. 82 of 1966.2. These are two petitions under Article 226 of the Constitution by growers of Tendu leaves challenging the validity of Section 5 of the Madhya Pradesh Tendu Patta (Vyapar Viniya-man) Adhiniyam. 1964, (hereinafter referred to as the Act). In Miscellaneous Petition No. 161 of 1965 the petitioner. Lal Ragho Shah, has also questioned the validity of Sections 9, 10 and 18 of the Act. The petitioners pray that the provisions, the validity of which they challenge, be declared to be invalid and the opponent State be restrained from enforcing them.3. The Madhya Pradesh Tendu Patta (Vyapar Viniyaman) Adhiniyam, 1964, is a legislation enacted 'for regulating in the public interest the trade of Tendu Leaves by creation of State monopoly in such trade'. Section 5(1) of the Act provides that on the issue of a notification under Sub-section (8) of Section 1 bringing the Act into force in any area, no per...
M.P. Sharma Vs. Industrial Court and ors.
Court: Madhya Pradesh
Decided on: Jan-04-1967
Reported in: AIR1967MP177; [1967(15)FLR109]; (1968)ILLJ99MP
Dixit, C.J.1. In this case the petitioner, who was employed as a Physical Training Instructor in a Higher Secondary School, Sector VII, run by the Bhilai Steel Project, Bhilai, seeks a writ of certiorari for quashing a decision of the Industrial Court whereby that Court upheld an order of the Labour Court, Raipur, rejecting the petitioner's application under Section 31 (3) of the Madhya Pradesh Industrial Relations Act, 1960 (hereinafter referred to as the Act), for reinstatement in service with back-wages.2. In his application under Section 31 (3) of the Act, the petitioner complained that though his appointment as Physical Training Instructor was on a permanent basis, yet the management of the Project terminated his services with effect from 7th August 1962 without holding any enquiry and purely for victimising him as he had enrolled himself as a member of the Steel Worker's Union, Bhilai. The Labour Court held that the petitioner's application under Section 31 (3) of the Act was not...
Balchand Champalal Bhandari Vs. India Pictures and ors.
Court: Madhya Pradesh
Decided on: Jan-03-1967
Reported in: AIR1967MP280
1. This is an appeal by the plaintiff from the decision of the trial Court holding that, while he has proved all the elements necessary for obtaining the money decree sought against the defendants, his suit fails all the same, on the ground of limitation, because even using the giving of cheques as step-in-aid of limitation, the starting point of the new term of limitation would be the date on which the cheques were actually handed over, and not the later one on the 'post-dated' cheques. The questions for decision are the following: (1) First, what has been raised during this appeal by the respondents, namely, whether the appeal itself is time barred the appellant not being entitled to the exclusion of the entire period taken in the preparation of the copy of the judgment and decree. (2) Secondly, whether in the circumstances of the case the trial Court was at all justified in inferring without any pleading in this regard that the three cheques had been post-dated and had been given, t...
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